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Case T-570/10: Judgment of the General Court of 22 May 2012 — Environmental Manufacturing v OHIM — Wolf (Representation of the head of a wolf) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative grounds for refusal — Detriment to the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0570
62010TA0570
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Official Journal of the European Union
C 200/14
(Case T-570/10)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a wolf’s head - Earlier national and international figurative marks WOLF Jardin and Outils WOLF - Relative grounds for refusal - Detriment to the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009)
2012/C 200/27
Language of the case: English
Parties
Applicant: Environmental Manufacturing LLP (Stowmarket, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Atkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 6 October 2010 (Case R 425/2010-2), concerning opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Environmental Manufacturing LLP to pay the costs.
(<span class="super">1</span>) OJ C 63, 26.2.2011.